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In re Meadows (Case No. 06-62050) 02/20/2009

The debtors objected to a proof of claim on the grounds that it failed to comply with Bankruptcy Rule 3001(a) and (c) and did not include the original or duplicate writing, or explanation of the loss thereof, upon which the claim was based.  The debtors did not, however, disagree with the amount owed.  A proof of claim is presumed to be prima facie valid. The presumption may be overcome only if the objecting party offers evidence of equally probative value in rebuttal.  The burden then shifts back to the claimant to produce evidence meeting the objections and establishing the claim.    As the debtors did not provide any evidence that the proof of claim was invalid as to amount or character, there was no controversy before the court and the court overruled the objection.

Date: 
Friday, February 20, 2009
Category: 
Burden of Proof
Chapter 13 Issues
Claim Objections
Chapter: 
13